Res P-01-24RESOLUTION NO. P- 01-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 01-05
ASSESSOR'S PARCEL NUMBER 314-311-12
WHEREAS, Variance 01-05, submitted by Chris Talbot, applicant, requests reduced
setbacks for th ' :le yard from 10 feet to a range from 6 feet to 8 feet and for the
'-le yard from 5 feet to 3 feet, 6 inches to allow 2 additions totaling approximately
586 square feet for an existing single-family residence 12210 Holland Road, within the
Residential Single Family (RS-7); and
WHEREAS, on May 15, 2001, the City Council held a duly advertised public hearing
to solicit from the public, both pre and con, relative to this application, and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Variance 01-05 is Categorically Exempt, Class
l(e) and Class 5, from the California E Quality Act (CEQA) pursuant to
Section 15301 and 15305, in that the proposed request is an addition to a single family
residence and the setback V ~terations in land use.
Section 2: The findings, in accordance with Section 17.50.070 of the Poway Municipal
Code to approve VAR 01-05, to reduce the western side yard setback from 10 feet to a
side yard ranging from 6 feet to 8 feet and to reduce th ':le yard setback 5 feet to
3 feet, 6 inches for a single family residence located at 12210 Holland Drive within the
Residential Single Family (RS-7) Zone, are made as follows:
There are special applicable to the property in that the site is
constrained by a slope rising over 30 feet along the north side of the rear property
reducing the available usable rear yard to approximately 28 feet and =
a second story would reduce the available sunlight to the rear yard and strict
application of the side yard setbacks would force utilization of the limited back yard
area, an amenity enjoyed by other properties in th :y and zone; and
Granting the Variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property owners in the
~y and zoning for which the V ~lht in that other properties in
this zone are able to add on to their homes without a Variance because their
proped' :1 by unique topography on the rear yard. The design,
size, and scale of the proposed one-story room addition will be compatible with and
will not adversely affect, or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural and
Resolution No. P-0~.-24
Page 2
The granting of the Variance would not be materially detrimental to the public
health, safety, or welfare since the proposed V d permit the proposed
single story reom addir :with the character of the neighborhood and the
adjacent residences would not be impacted since there would be over 21 feet
between on the west and 10 feet, 2 inches between on the
east; and
Granting the V Id not constitute a special privile§ l with the
;)on other properties in the vicinity and zone in that residential additions
(with setback Variances have b J; and
Granting the V d not constitut :y that' t with
surrounding properties since the use of a single family resid i with
the General Plan land use. Therefore, there will not be a harmful effect upon
desirable neighborhood ch and
That the granting of this Vadance does not constitute a special privilege that is
l with the I ;)on other properties in the vicinity and zone in that
residential additions (with setback Variances) have I: -1 on other lots in
the Residential Single Family zone; and
The proposed use will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan in that the addition will be constructed in compliance with
all building and fire codes and will not adversely impact adjacent properties since
the addition would result in a separation betw :ljacent properties
of 21 feet on the west and 10 foot, 2 inch separation on the east; and
H. That the proposed Variance will comply with each of the applicable
Section 17.50.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves Variance 01-05 allowing a reduction in the
':le yard setback from ten feet to a range from 6 feet to 8 feet and a reduction in
the eastern side yard set back from 5 feet to 3 feet, 6 inches to allow 2 additions totaling
approximately 586 square feet 1' ' ;;I single-family residence 12210 Holland Road,
within the Residential Single Family (RS-7) Zone per plans dated January 15, 2001,
subject to the following conditions:
Approval of this Variance request shall apply only to the subject project and shall
not waive compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at the time of building permit issuance.
Within 30 days of the date of this approval applicant shall submit in writing that all
conditions of approval have been read and understood;
Resolution No. p-01-24
Page 3
The Variance granted by this approval shall not be cond
to interfere with th ~le use and enjoyment of surrounding residential uses.
The applicant shall comply with the Uniform Building Code and shall obtain a
building permit prior to construction.
E. Prior
building permit, the applicant shall comply with the following:
1. The applicant shall depict the exterior building materials for the room additions
and roof consistent in color, type and texture with the exterior material on the
existing residence, to the sat :the Director of Development Services.
2. The building plans shall depict Iow flow plumbing in all new construction.
3. School impact fees shall be paid at the rate established at the time of building
permit issuance. Documented evidence of payment shall be provided to the
planning Division prior I : building permits. Contact Poway School
District for additional information at (858) 748-0010, ext. 2089.
Section 4: The Variance granted by this approval shall not be conducted in such a
to interfere with th ~le use and enjoyment of surrounding residential
uses.
Section 5: Variance 01-05 will expire on May 15, 2003, at 5:00 p.m., unless a building
permit has been issued and this approval h d prior
to this date.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of May 2001.
ATTEST:
Michael P. Cafa~
nne Peoples, City (~erk
Resolution No. P-01-24
Page 4
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-01-24 , was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of May 2001, and that it
was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
EMERY, GOLDBY, REXFORD, CAFAGNA
nne Peoples,
City of Poway
City Cl~-rk